The objective is to guarantee not only the promotion, recognition and valorization of the work developed by social organizations, but also the effectiveness of social projects, the innovation of social technologies, the full participation of civil society and transparency in the application of public resources.
Law 13.019/2014 came into force on January 23, 2016 and understanding it is useful to understand the synergies that the partnerships between SUAS and CSOs make possible. Stay with us to know it!
What has changed with Law 13.019/14?
Before Law 13.019/14 there was legal insecurity in the procedures between the public administration and social organizations, leading to the criminalization of social organizations and movements.
Within this context, it was necessary to establish clear, specific and more comprehensive rules regarding social organizations, in view of the absence of management or administrative agreements and contracts between the State and Civil Society Organizations. The partnership rules were established by the Budget Guidelines Law (LDO).
What are the legal instruments of partnership between the Public Administration and the CSOs?
There are three types of partnership between the public administration and civil society organizations:
Term of Encouragement
In this modality there is the transfer of financial resources and the Government is the one who dictates the rules and guidelines of the partnership.
Term of Collaboration
It also occurs through the transfer of financial resources, however, there is no limit to the number of proposals to be submitted by social organizations.
In this type of modality there is no transfer of financial resources, because it is the social organization that establishes the partnership with the public administration, for the execution of projects of mutual interest with public purpose.
What are the procedures for Rendering Accounts?
The rendering of accounts can be done electronically, thus ensuring the transparency and dynamics of the entire process. The Social Organization is responsible for presenting to the Public Administration, documents that prove the fulfillment of established goals and objectives, as a way to verify if the purpose in which the partnerships were established was achieved.
For partnerships that do not require proof of accomplishment of goals and objectives established, the OSC must present complementary documents of proof of expenses.
The Law gave the opportunity for the other federated entities (Municipalities and States and the Federal District) to establish their own specific rules. As well as promoting training, for example, making available manuals containing the rules to be followed, to guide all actors.
Accountability is mandatory for partnerships whose agreed duration is longer than one year.
The law also establishes a maximum period of up to 90 days, counting from the end date, for the OSC to render accounts, which may be extended for another 30 days. In return, the Public Administration has a period of up to 150 days, which can be extended for up to 150 days, to evaluate the rendering of accounts.
It is important to emphasize that the extensions both for the rendering of accounts and for the evaluation must be justified respectively by the OSC and the Public Administration.
What is Public Call?
Public Call is the procedure that aims to select the social organization that will enter into partnership with the Public Administration. The public call is the way to guarantee equal competition among the participating organizations in the search for public resources and also the selection of the best proposal.
Among the criteria and objectives established in the public notice, is the guarantee of the observance of the principles of equality, legality, impersonality, orality, equality, publicity, administrative probity, linkage to the calling instrument, objective judgment and the specific principles of the sectorial public policies.
Monitoring and Evaluation of Partnerships between Public Administration and CSOs
The Monitoring and Evaluation Committee has the role of monitoring and evaluating the partnerships between the CSO and the Public Administration, as a way to guarantee the fulfillment of the proposed objective, as well as whether the goals have been achieved. This monitoring and evaluation occurs upon receipt of a report issued by the Public Administration about the documents delivered to it by the CSO for analysis of accountability.
Responsibilities and Sanctions
In relation to the acts practiced by the OSC, in case of non-conformity with the work plan that is being executed, only the State Secretariats and the Municials, besides the Ministers, may apply the sanctions provided by law.
As for acts practiced by public servants, they are subject to sanctions:
- Frustrating the lawfulness of the selection process for partnerships with non-profit entities;
- To act negligently in the celebration, inspection and analysis of the accountability of partnerships signed by the public administration with private entities; and
- Disregard the rules regarding the celebration, supervision and approval of the accounts of partnerships signed by the public administration with private entities, among others.